§ 301. — General authorization to delegate functions; publication of delegations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 3USC301]
TITLE 3--THE PRESIDENT
CHAPTER 4--DELEGATION OF FUNCTIONS
Sec. 301. General authorization to delegate functions;
publication of delegations
The President of the United States is authorized to designate and
empower the head of any department or agency in the executive branch, or
any official thereof who is required to be appointed by and with the
advice and consent of the Senate, to perform without approval,
ratification, or other action by the President (1) any function which is
vested in the President by law, or (2) any function which such officer
is required or authorized by law to perform only with or subject to the
approval, ratification, or other action of the President: Provided, That
nothing contained herein shall relieve the President of his
responsibility in office for the acts of any such head or other official
designated by him to perform such functions. Such designation and
authorization shall be in writing, shall be published in the Federal
Register, shall be subject to such terms, conditions, and limitations as
the President may deem advisable, and shall be revocable at any time by
the President in whole or in part.
(Added Oct. 31, 1951, ch. 655, Sec. 10, 65 Stat. 712.)
Transfer of Functions
Functions vested by law (including reorganization plan) in Bureau of
the Budget or Director of Bureau of the Budget transferred to President
by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R.
7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated
Bureau of the Budget as Office of Management and Budget and Director of
Bureau of the Budget as Director of Office of Management and Budget. See
Reorganization Plan No. 2 of 1970, set out in the Appendix to Title 5,
Government Organization and Employees.
Similar Provisions; Repeal; Saving Clause
For similar provisions contained in prior law, and saving clause in
connection therewith, see note preceding this section.
Ex. Ord. No. 10250. Delegation of Functions to the Secretary of the
Interior
Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, as amended by Ex.
Ord. No. 10732, Oct. 10, 1957, 22 F.R. 8135; Ex. Ord. No. 10752, Feb.
12, 1958, 23 F.R. 973; Pub. L. 101-509, title V, Sec. 529 [title I,
Sec. 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, provided:
1. The Secretary of the Interior is hereby designated and empowered
to perform the following-described functions of the President without
the approval, ratification, or other action of the President:
(a) The authority vested in the President by section 1 of the act of
July 10, 1935, ch. 375, 49 Stat. 477 [see 16 U.S.C. 19e to 19n], to
appoint members of the National Park Trust Fund Board.
(b) The authority vested in the President by section 2059 of the
Revised Statutes [25 U.S.C. 62] to discontinue any Indian agency, or
transfer the same, from the place or tribe designated by law to such
other place or tribe as the public service may require.
(c) The authority vested in the President by section 6 of the act of
May 17, 1882, ch. 168, 22 Stat. 88, as amended [25 U.S.C. 63], to
consolidate two or more Indian agencies into one, to consolidate one or
more Indian tribes, and to abolish such agencies as are thereby rendered
unnecessary.
(d) The authority vested in the President by the act of March 1,
1907, ch. 2285, 34 Stat. 1016 [25 U.S.C. 140], to divert appropriations
made for certain purposes to other uses for the benefit of the several
Indian tribes: Provided, That the Secretary of the Interior shall make
to the Congress reports required in connection with action taken by him
under this provision.
(e) The authority vested in the President by section 5 of the act of
February 8, 1887, ch. 119, 24 Stat. 389, as amended [25 U.S.C. 348], by
the act of December 24, 1942, ch. 814, 56 Stat. 1081 [25 U.S.C. 348a],
by the act of June 21, 1906, ch. 3504, 34 Stat. 326 [25 U.S.C. 391], and
by section 3 of the act of January 12, 1891, 26 Stat. 712, as amended by
section 3 of the act of March 2, 1917, ch. 146, 39 Stat. 976, to extend
trust periods on land patents issued to Indians and to continue
restrictions on alienation.
(f) The authority vested in the President by section 4705(b) of the
Internal Revenue Code of 1954 [former 26 U.S.C. 4705(b)] to authorize
certain persons in the Virgin Islands to obtain certain drugs for
legitimate medical purposes without regard to order forms, and by
section 4762(b) of such Code [former 26 U.S.C. 4762(b)] to provide for
the registration of and the imposition of special and transfer taxes
upon persons in the Virgin Islands who import, manufacture, produce,
compound, sell, deal in, dispense, prescribe, administer, or give away
marihuana: Provided, That the Secretary of the Interior shall perform
the functions referred to in this subsection in consultation with the
Department of the Treasury.
(g) The authority vested in the President by section 2343 of the
Revised Statutes [30 U.S.C. 46] to establish additional land districts
and to appoint necessary officers under existing laws when deemed
necessary for the public convenience in executing certain provisions of
law with respect to mineral lands and mining.
(h) The authority vested in the President by section 2252 of the
Revised Statutes as affected by section 403 of Reorganization Plan No. 3
of 1946, 60 Stat. 1100 [43 U.S.C. 121], to order the discontinuance of
any land office and the transfer of any of its business and archives to
any other land office within the same State or Territory.
(i) The authority vested in the President by section 2250 of the
Revised Statutes [43 U.S.C. 125] to discontinue a land office in a land
district under certain circumstances and to annex the same to some other
adjoining land district.
(j) The authority vested in the President by section 2251 of the
Revised Statutes [43 U.S.C. 126] to change the location of the land
offices in the several land districts established by law and to relocate
the same from time to time at such point in the district as may be
deemed expedient.
(k) The authority vested in the President by section 2253 of the
Revised Statutes [43 U.S.C. 127], to change and reestablish the
boundaries of land districts.
(l) The authority vested in the President by section 2 of the act of
March 2, 1917, ch. 145, 39 Stat. 951, as amended [48 U.S.C. 737], to
approve the payment out of the Treasury for other purposes of money
derived from any tax levied or assessed for a special purpose in Puerto
Rico.
(m) The authority vested in the President by section 7 of the act of
March 2, 1917, ch. 145, 39 Stat. 954, as amended [48 U.S.C. 748], to
convey to the people of Puerto Rico lands, buildings, or interests in
lands, or other property owned by the United States, and to accept
lands, buildings, or other interests or property by legislative grant
from Puerto Rico.
(n) The authority vested in the President by section 3(b) of the act
of March 3, 1925, ch. 426, 43 Stat. 1111, as amended [see 50 U.S.C.
167d], to approve regulations governing the production and sale of
helium for medical, scientific, and commercial use.
(o) The authority vested in the President by section 6 of the act of
April 26, 1906, ch. 1876, 34 Stat. 139, to remove from office the
principal chief of the Choctaw, Cherokee, Creek, or Seminole tribe or
the governor of the Chickasaw tribe, to declare any such office vacant,
and to fill any vacancy in any such office arising from removal,
disability, or death of the incumbent.
(p) The authority vested in the President by section 28 of the act
of April 26, 1906, ch. 1876, 34 Stat. 148, to approve acts, ordinances,
or resolutions of the tribal council or legislature of the Choctaw,
Chickasaw, Cherokee, Creek, and Seminole tribes or nations, and to
approve contracts, involving the payment or expenditure of money or
affecting property belonging to any of the said tribes or nations, made
by them or any of them or by any officer thereof.
(q) [Superseded by section 3 of Ex. Ord. No. 10752, Feb. 12, 1958,
23 F.R. 973, set out as a note under 15 U.S.C. 715j].
(r) The authority vested in the President by section 55 of the act
of April 30, 1900, 31 Stat. 150, as amended [48 U.S.C. 562], and by
section 4 of the act of August 24, 1954, 68 Stat. 785, as amended [48
U.S.C. 562o], to approve the issuance of bonds or other instruments of
indebtedness by the Territory of Hawaii.
2. The Secretary of the Interior is hereby designated and empowered
to perform, without the approval, ratification, or other action of the
President, the following functions which have heretofore, under the
respective provisions of law cited, required the approval, ratification,
or other action of the President in connection with their performance by
the Secretary of the Interior:
(a) The authority vested in the Secretary of the Interior by section
1 of the act of June 6, 1942, ch. 380, 56 Stat. 326 [16 U.S.C. 459r], to
convey or lease to the States or to the political subdivisions thereof
any or all of certain recreational demonstration projects and lands and
equipment comprised within such projects or any parts of such projects;
and to transfer to other Federal agencies any of the said recreational
demonstration areas that may be of use to such agencies.
(b) The authority vested in the Secretary of the Interior by section
3 of the act of July 3, 1918, ch. 128, 40 Stat. 755, as amended, and as
affected by section 4(f) of Reorganization Plan No. II, effective July
1, 1939, 53 Stat. 1433 [16 U.S.C. 704], to promulgate regulations
permitting and governing the hunting, taking, capture, killing,
possession, sale, purchase, shipment, transportation, carriage, or
export of any migratory bird included in the terms of certain
conventions, or any part, nest, or egg thereof.
3. As used in this order, the term ``functions'' embraces duties,
powers, responsibilities, authority, or discretion, and the term
``perform'' may be construed to mean ``exercise''.
4. All actions heretofore taken by the President in respect of the
matters affected by this order and in force at the time of the issuance
of this order, including regulations prescribed by the President in
respect of such matters, shall, except as they may be inconsistent with
the provisions of this order, remain in effect until modified or revoked
pursuant to the authority conferred by this order.
5. The Secretary of the Interior is hereby authorized to redelegate
to the Deputy Secretary of the Interior any of the authority delegated
to the Secretary of the Interior by section 1 of this order.
Ex. Ord. No. 10289. Delegation of Functions to Secretary of the Treasury
Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended by Ex.
Ord. No. 10583, Dec. 18, 1954, 19 F.R. 8725; Ex. Ord. No. 10882, July
18, 1960, 25 F.R. 6869; Ex. Ord. No. 11110, June 4, 1963, 28 F.R. 5605;
Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003; Ex. Ord. No. 12608,
Sept. 9, 1987, 52 F.R. 34617, provided:
1. The Secretary of the Treasury is hereby designated and empowered
to perform the following-described functions of the President without
the approval, ratification, or other action of the President:
(a) The authority vested in the President by section 1 of the act of
August 1, 1914, ch. 223, 38 Stat. 609, 623, as amended [19 U.S.C. 2],
(1) to rearrange, by consolidation or otherwise, the several customs-
collection districts, (2) to discontinue ports of entry by abolishing
the same and establishing others in their stead, and (3) to change from
time to time the location of the headquarters in any customs-collection
district as the needs of the service may require.
(b) The authority vested in the President by section 1 of the Anti-
Smuggling Act of August 5, 1935, c. 438, 49 Stat. 517 [19 U.S.C. 1701],
(1) to find and declare that at any place or within any area on the high
seas adjacent to but outside customs waters any vessel or vessels hover
or are being kept off the coast of the United States and that, by virtue
of the presence of any such vessel or vessels at such place or within
such area, the unlawful introduction or removal into or from the United
States of any merchandise or person is being, or may be, occasioned,
promoted, or threatened, (2) to find and declare that certain waters on
the high seas are in such proximity to such vessel or vessels that such
unlawful introduction or removal of merchandise or persons may be
carried on by or to or from such vessel or vessels, and (3) to find and
declare that, within any customs-enforcement area, the circumstances no
longer exist which gave rise to the declaration of such area as a
customs-enforcement area.
(c) The authority vested in the President by section 1 of the Act of
August 26, 1985, Public Law 98-89, 97 Stat. 510 (46 U.S.C. 3101); to
suspend the provisions of law requiring the inspection of foreign-built
vessels admitted to American registry.
(d) The authority vested in the President by section 5 of the act of
May 28, 1908, ch. 212, 35 Stat. 425, as amended (46 U.S.C. Appendix
104), to determine (as a prerequisite to the extension of reciprocal
privileges by the Commissioner of Customs) that yachts used and employed
exclusively as pleasure vessels and belonging to any resident of the
United States are allowed to arrive at and depart from any foreign port
and to cruise in the waters of such port without entering or clearing at
the custom-house thereof and without the payment of any charges for
entering or clearing, dues, duty per ton, tonnage taxes, or charges for
cruising licenses.
(e) The authority vested in the President by section 2 of the act of
March 24, 1908, ch. 96, 35 Stat. 46 (46 U.S.C. Appendix 134), to name
the hospital ships to which section 1 of the said act [46 U.S.C.
Appendix 133], shall apply and to indicate the time when the exemptions
thereby provided for shall begin and end.
(f) The authority vested in the President by section 4228 of the
Revised Statutes, as amended (46 U.S.C. Appendix 141), (1) to declare
that--upon satisfactory proof being given by the government of any
foreign nation that no discriminating duties of tonnage or imports are
imposed or levied in the ports of such nation upon vessels wholly
belonging to citizens of the United States, or upon the produce,
manufactures or merchandise imported in the same from the United States
or from any foreign country--the foreign discriminating duties of
tonnage and impost within the United States are suspended and
discontinued, so far as respect the vessels of such foreign nation, and
the produce, manufactures, or merchandise imported into the United
States from such foreign nation, or from any other foreign country, and
(2) to suspend in part the operation of section 4219 of the Revised
Statutes, as amended (46 U.S.C. Appendix 121), and section IV, J,
subsection 1 of the act of October 3, 1913, c. 16 38 Stat. 195, as
amended (46 U.S.C. Appendix 146), so that foreign vessels from a country
imposing partial discriminating tonnage duties upon American vessels, or
partial discriminating import duties upon American merchandise, may
enjoy in our ports the identical privileges which the same class of
American vessels and merchandise may enjoy in such country: Provided,
That prior to the issuance of an order of the Secretary of the Treasury
suspending and discontinuing (wholly or in part) discriminating tonnage
duties, imposts, and import duties within the United States, the
Department of State shall obtain and furnish to the Secretary of the
Treasury the proof required by the said sections 4228, as amended, as
the basis for that order.
(g) The authority vested in the President by section 3650 of the
Internal Revenue Code [section 3650 of the Internal Revenue Code of
1939] [see 26 U.S.C. 7621], to establish convenient collection districts
(for the purpose of assessing, levying, and collecting the taxes
provided by the internal revenue laws), and from time to time to alter
such districts.
(h) The authority which is now vested in the President by section
2564(b) of the Internal Revenue Code [section 2564(b) of the Internal
Revenue Code of 1939], and which on and after January 1, 1955, will be
vested in the President by section 4735(b) of the Internal Revenue Code
of 1954 [former 26 U.S.C. 4735(b)], to issue, in accordance with the
provisions of the said section 2564(b) or 4735(b), as the case may be,
orders providing for the registration and the imposition of a special
tax upon all persons in the Canal Zone who produce, import, compound,
deal in, dispense, sell, distribute, or give away narcotic drugs.
(i) The authority vested in the President by Section 5318 of the
Revised Statutes, as amended (19 U.S.C. 540), to employ suitable vessels
other than Coast Guard cutters in the execution of laws providing for
the collection of duties on imports and tonnage;[.]
2. The Secretary of the Treasury is hereby designated and empowered
to perform without the approval, ratification, or other action of the
President the following functions which have heretofore, under the
respective provisions of law cited, required the approval of the
President in connection with their performance by the Secretary of the
Treasury:
(a) The authority vested in the Secretary of the Treasury by section
6 of the act of July 8, 1937, ch. 444, 50 Stat. 480 [now 40 U.S.C.
17309], to make rules and regulations necessary for the execution of the
functions vested in the Secretary of the Treasury by the said act, as
amended.
(b), (c) [Revoked by Ex. Ord. No. 11110, June 4, 1963, 28 F.R.
5605.]
(d) [Revoked by Ex. Ord. No. 11825, Dec. 31, 1974, 40 F.R. 1003.]
(e) The authority vested in the Secretary of the Treasury by section
1 of Title II of the act of June 15, 1917, ch. 30, 40 Stat. 220 [50
U.S.C. 191], to make rules and regulations governing the anchorage and
movement of any vessel, foreign or domestic, in the territorial waters
of the United States.
3. (a) The Secretary of the Treasury and the Postmaster General [now
United States Postal Service] are hereby designated and empowered
jointly to prescribe without the approval of the President regulations,
under section 1 of the act of July 8, 1937, ch. 444, 50 Stat. 479 [now
40 U.S.C. 17302], governing the shipment of valuables by the executive
departments, independent establishments, agencies, wholly-owned
corporations, officers, and employees of the United States.
(b) The Postmaster General [now United States Postal Service] is
hereby designated and empowered to exercise without the approval,
ratification, or other action of the President the authority vested in
the President by section 504(b) of Title 18 of the United States Code to
approve regulations issued by the Secretary of the Treasury under the
authority of the said section 504(b) (relating to the printing,
publishing, or importation, or the making or importation of the
necessary plates for such printing or publishing, of postage stamps for
philatelic purposes) [see section 504(2) of title 18], and to approve
any amendment or repeal of any of such regulations by the Secretary of
the Treasury.
4. As used in this order, the term ``functions'' embraces duties,
powers, responsibilities, authority, or discretion, and the term
``perform'' may be construed to mean ``exercise''.
5. All actions heretofore taken by the President in respect of the
matters affected by this order and in force at the time of the issuance
of this order, including regulations prescribed by the President in
respect of such matters, shall, except as they may be inconsistent with
the provisions of this order, remain in effect until amended, modified,
or revoked pursuant to the authority conferred by this order.
Ex. Ord. No. 10530. Delegation of Miscellaneous Functions
Ex. Ord. No. 10530, May 10, 1954, 19 F.R. 2709, as amended by Ex.
Ord. No. 10573, Oct. 26, 1954, 19 F.R. 6899; Ex. Ord. No. 10682, Oct.
22, 1956, 21 F.R. 8129; Ex. Ord. No. 10759, Mar. 17, 1958, 23 F.R. 1803;
Ex. Ord. No. 10790, Nov. 20, 1958, 23 F.R. 9051; Ex. Ord. No. 10836,
Sept. 8, 1959, 24 F.R. 7269; Ex. Ord. No. 10852, Nov. 27, 1959, 24 F.R.
9565; Ex. Ord. No. 10889, Oct. 5, 1960, 25 F.R. 9633; Ex. Ord. No.
10903, Jan. 9, 1961, 26 F.R. 217; Ex. Ord. No. 10960, Aug. 21, 1961, 26
F.R. 7823; Ex. Ord. No. 10970, Oct. 27, 1961, 26 F.R. 10149; Ex. Ord.
No. 11012, Mar. 27, 1962, 27 F.R. 2983; Ex. Ord. No. 11116, Aug. 5,
1963, 28 F.R. 8075; Ex. Ord. No. 11164, Aug. 1, 1964, 29 F.R. 11257; Ex.
Ord. No. 11184, Oct. 13, 1964, 29 F.R. 14155; Ex. Ord. No. 11196, Feb.
2, 1965, 30 F.R. 1171; Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469;
Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739; Ex. Ord. No. 11230,
Sec. 2(1), (3), (5) to (14), June 28, 1965, 30 F.R. 8447; Ex. Ord. No.
12107, Dec. 28, 1978, 44 F.R. 1055; Pub. L. 98-497, title I,
Sec. 103(b)(1), Oct. 19, 1984, 98 Stat. 2283; Ex. Ord. No. 12608, Sept.
9, 1987, 52 F.R. 34617, provided:
Part I--Director of the Bureau of the Budget
[Superseded by Ex. Ord. No. 11230, Sec. 2(1), (3), (5)-(14), June
28, 1965, 30 F.R. 8447]
Part II--The Office of Personnel Management
[Superseded by Ex. Ord. No. 11228, Sec. 3(1), (2), (5), June 14,
1965, 30 F.R. 7739]
Part III--The Housing and Home Finance Administrator
[Superseded by Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R. 1171]
Part IV
the federal communications commission
Sec. 5. (a) The Federal Communications Commission is hereby
designated and empowered to exercise, without the approval,
ratification, or other action of the President, all authority vested in
the President by the act of May 27, 1921, ch. 12, 42 Stat. 8 [47 U.S.C.
34 to 39], including the authority to issue, withhold, or revoke
licenses to land or operate submarine cables in the United States:
Provided, That no such license shall be granted or revoked by the
Commission except after obtaining approval of the Secretary of State and
such advice from any executive department or establishment of the
Government as the Commission may deem necessary. The Commission is
authorized and directed to receive all applications for the said
licenses.
(b) Executive Order No. 3513 of July 9, 1921, as amended by
Executive Order No. 6779 of June 30, 1934, is hereby revoked.
Part V
the attorney general and the archivist of the united states
Sec. 6. The Attorney General and the Archivist of the United States
are hereby designated and empowered jointly to perform the following-
described functions without the approval, ratification, or other action
of the President:
(a) The authority vested in the President by section 5(a) of the act
of July 26, 1935, ch. 417, 49 Stat. 501, as amended (44 U.S.C. 1505(a)),
to determine from time to time the documents or classes of documents
having general applicability and legal effect.
(b) The authority vested in the President by sections 6, 11(a), and
11(f) of said act, as amended (44 U.S.C. 1506; 1510(a) and 1510(f)), to
approve (or disapprove), respectively, (1) regulations, prescribed by
the Administrative Committee of the Federal Register, for carrying out
the provisions of that act (including the regulations referred to in
section 5(b) of the act (44 U.S.C. 1505(b)), authorizing publication in
the Federal Register of certain documents or classes of documents), (2)
actions of the Administrative Committee of the Federal Register
requiring, from time to time, the preparation and publication in special
or supplemental editions of the Federal Register of complete
codifications of the documents, described in the said section 11(a) (44
U.S.C. 1510(a)), of each agency of the Government, and (3) regulations,
prescribed by the Administrative Committee of the Federal Register, for
carrying out the provisions of section 11 (44 U.S.C. 1510) of the said
act, as amended.
Part VI
general provisions
Sec. 7. All actions heretofore taken by the President in respect of
the matters affected by this order and in force at the time of the
issuance of this order, including any regulations prescribed or approved
by the President in respect of such matters, shall, except as they may
be inconsistent with the provisions of this order, remain in effect
until amended, modified, or revoked pursuant to the authority conferred
by this order.
Sec. 8. As used in this order, the term ``functions'' embraces
duties, powers, responsibilities, authority, or discretion, and the term
``perform'' may be construed to mean ``exercise.''
Ex. Ord. No. 10621. Delegation of Functions to Secretary of Defense
Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, as amended by Ex.
Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601; Ex. Ord. No. 12396, Dec. 9,
1982, 47 F.R. 55897; Ex. Ord. No. 12561, July 1, 1986, 51 F.R. 24299,
provided:
Section 1. The Secretary of Defense, and, as designated by the said
Secretary for this purpose, any of the Secretaries, Under Secretaries,
and Assistant Secretaries of the military departments, are hereby
designated and empowered to perform the following-described functions of
the President without the approval, ratification, or other action of the
President:
(a) The authority vested in the President by the act of March 3,
1901, ch. 852, 31 Stat. 1107, 1133 [10 U.S.C. 5941, 7291], to establish
and modify, as the needs of the service may require, a classification of
vessels of the Navy, and to formulate appropriate rules governing
assignments to command of vessels and squadrons.
(b) The authority vested in the President by the act of August 22,
1912, ch. 335, 37 Stat. 382, 331 [see 10 U.S.C. 509, 1171], to approve
regulations of the Secretary of the Navy under which any enlisted man
may be discharged within three months before the expiration of the term
of his enlistment, and under which an enlisted man may voluntarily
extend the term of his enlistment.
(c) The authority vested in the President by the act of May 22,
1928, ch. 688, 45 Stat. 712 [10 U.S.C. 6152], to approve regulations
governing the advancement of public funds to naval personnel when
required to meet expenses of officers and men detailed on emergency
shore duty.
(d) The authority vested in the President by the act of June 22,
1938, ch. 567, 52 Stat. 839, as amended [10 U.S.C. 5083, 5133, 5148,
5201], section 201(a) of the act of August 25, 1941, ch. 409, 55 Stat.
680 [10 U.S.C. 5063, 5064], section 3 of the act of December 28, 1945,
ch. 604, 59 Stat. 666, as amended [10 U.S.C. 5138], section 2 of the act
of August 1, 1946, ch. 727, 60 Stat. 779 [10 U.S.C. 5150], and section
7(a) of the act of March 5, 1948, ch. 98, 62 Stat. 68 [see Department of
Defense Reorganization Order set out as a note under 10 U.S.C. 5111], to
authorize, in his discretion, for any officer of the Regular Navy or
Marine Corps who retires while serving as Chief of Naval Operations, as
Chief of a Bureau of the Navy Department, as Judge Advocate General of
the Navy, as Commandant of the Marine Corps, as Director of Budgets and
Reports, as Chief of the Dental Division, as Chief of Naval Research, or
as Chief of Naval Material, or while serving in a lower rank if he has
previously served in any of such offices two and one-half years or more,
retirement in the highest grade or rank in which he so served and with
retired pay based on that rank.
(e) The authority vested in the President by the act of June 15,
1940, ch. 374, 54 Stat. 400, to prescribe from time to time the number
of warrant and commissioned warrant officers for the Marine Corps.
(f) The authority vested in the President by the act of June 24,
1941, ch. 231, 55 Stat. 260 [10 U.S.C. 7306], to approve the use for
experimental purposes of vessels of the United States Navy stricken from
the Navy Register pursuant to the act of August 5, 1882, 22 Stat. 296,
as amended [10 U.S.C. 7304].
(g) The authority vested in the President by section 302 of the act
of June 22, 1944, ch. 268, 58 Stat. 287 [see 10 U.S.C. 1554], to approve
or disapprove the proceedings and decisions of boards of review
established under that section by the Secretary of the Army, the
Secretary of the Air Force, or the Secretary of the Navy, and to issue
orders in such cases.
(h) The authority vested in the President by Section 102(a) of the
Federal Civilian Employee and Contractor Travel Expenses Act of 1985, 5
U.S.C. 5702(a), to establish maximum rates of per diem allowances and
reimbursements for the actual and necessary expenses of official travel
for employees of the Government to the extent that such authority
pertains to travel status in localities in Alaska, Hawaii, the
Commonwealth of Puerto Rico, and possessions of the United States.
Sec. 2. The Secretary of Defense, and, as designated by the said
Secretary for this purpose, the Deputy Secretary of Defense and any of
the Assistant Secretaries of Defense, are hereby designated and
empowered to perform the following-described functions of the President
without the approval, ratification, or other action of the President:
(a) The authority vested in the President by section 1547 of the
Revised Statutes of the United States [10 U.S.C. 6011], to approve
alterations made by the Secretary of the Navy in Navy Regulations.
(b) The authority vested in the President by section 1 of the act of
April 9, 1906, ch. 1370, 34 Stat. 104 [10 U.S.C. 6961], to approve the
dismissal by the Secretary of the Navy of a midshipman from the United
States Naval Academy.
Sec. 3. All actions heretofore taken by the President with respect
to the matters affected by this order and in force and effect at the
time of the issuance of this order, including any regulations prescribed
or approved by the President with respect to such matters, shall, except
as they may be inconsistent with the provisions of this order, remain in
force and effect until amended, modified, or revoked pursuant to the
authority conferred by this order.
Sec. 4. As used in this order, the term ``functions'' includes
duties, powers, responsibilities, authority, and discretion, and the
term ``perform'' may be construed to mean ``exercise''.
Ex. Ord. No. 10637. Delegation of Functions to Secretary of Homeland
Security
Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended by Ex.
Ord. No. 13286, Sec. 75, Feb. 28, 2003, 68 F.R. 10631, provided:
Section 1. The Secretary of Homeland Security is hereby designated
and empowered to perform the following- described functions without the
approval, ratification, or other action of the President:
(a) The authority vested in the President by section 149 of title 14
of the United States Code, in his discretion, to detail officers and
enlisted men of the Coast Guard to assist foreign governments in matters
concerning which the Coast Guard may be of assistance.
(b) The authority vested in the President by section 229 of title 14
of the United States Code [see 14 U.S.C. 281 et seq.], to revoke the
commission of any officer on the active list of the Coast Guard who, at
the date of such revocation, has had less than three years of continuous
service as a commissioned officer in the Coast Guard, and to prescribe
regulations relating to such revocations.
(c) The authority vested in the President by section 232 of title 14
of the United States Code [see 14 U.S.C. 291], in his discretion, to
retire from active service any commissioned officer of the Coast Guard,
upon his own application, who has completed twenty years of active
service in the Coast Guard, Navy, Army, Air Force, or Marine Corps, or
the Reserve Components thereof.
(d) The authority vested in the President by section 235 of title 14
of the United States Code [see 14 U.S.C. 251 et seq.], to retire, to
approve the retirement of, to place out of line of promotion, and to
approve the placing out of line of promotion of, officers of the Coast
Guard.
(e) The authority vested in the President by section 492 of title 14
of the United States Code to present a distinguished service medal
(including incidental items) to any person who, while serving in any
capacity with the Coast Guard, distinguishes himself by exceptionally
meritorious service to the Government in a duty of great responsibility.
(f) The authority vested in the President by section 493 of title 14
of the United States Code to present the Coast Guard medal (including
incidental items) to any person who, while serving in any capacity with
the Coast Guard, distinguishes himself by heroism not involving actual
conflict with an enemy.
(g) The authority vested in the President by section 494 of title 14
of the United States Code to award emblems, insignia, rosettes, and
other devices, to the extent that such authority relates to the awarding
of such items to be worn with the distinguished service medal or the
Coast Guard medal.
(h) The authority vested in the President by section 498 of title 14
of the United States Code to make posthumous awards of decorations and
to designate representatives to receive such awards, to the extent that
such authority relates to the awarding of the distinguished service
medal or the Coast Guard medal, or ribbons, emblems, insignia, rosettes,
or other devices corresponding thereto.
(i) The authority vested in the President by section 499 of title 14
of the United States Code to make rules, regulations, and orders to the
extent that they shall relate to the authority described in sections
1(f), 1(g), and 1(h) above.
(j) The authority vested in the President by the first paragraph of
section 806 of the act of September 8, 1916, ch. 463, 39 Stat. 799 [15
U.S.C. 77], to direct the detention of any vessel, American or foreign,
by withholding clearance or by formal notice forbidding departure; but
such authority shall be exercised by the Secretary of Homeland Security
only upon a finding by the President that there is reasonable ground to
believe that the vessel concerned is making or giving undue or
unreasonable preference or advantage to any party, or is subjecting any
party to undue or unreasonable prejudice, disadvantage, injury, or
discrimination, as described in the said paragraph; and the authority so
vested to revoke, modify, or renew any such direction.
(k) The authority vested in the President by the second paragraph of
the said section 806 of the act of September 8, 1916 [15 U.S.C. 77], to
withhold clearance from one or more vessels of a belligerent country or
government until such belligerent shall restore to American vessels and
American citizens reciprocal liberty of commerce and equal facilities
for trade, and the authority to direct that similar privileges and
facilities, if any, enjoyed by vessels and citizens of such belligerent
in the United States or its possessions be refused to vessels or
citizens of such belligerent; but such authority shall not, in either
instance, be exercised by the Secretary of Homeland Security with
respect to any vessel or citizen of such belligerent unless and until
the President proclaims that the belligerent nation concerned is denying
privileges and facilities to American vessels as described in the said
paragraph.
(l) The authority vested in the President by section 963(a) of title
18 of the United States Code to detain, in accordance with the
provisions of such section, any armed vessel, or any vessel, domestic or
foreign (other than one which has entered the ports of the United States
as a public vessel), which is manifestly built for warlike purposes or
has been converted or adapted from a private vessel to one suitable for
warlike use, and to determine, in each case, whether the proof required
by such section is satisfactory.
(m) The authority vested in the President by section 967(a) of title
18 of the United States Code, during a war in which the United States is
a neutral nation, to withhold clearance from or to any vessel, domestic
or foreign, or, by service of formal notice upon the owner, master, or
person in command or in charge of any domestic vessel not required to
secure clearances, and to forbid its departure from port or from the
United States, whenever there is reasonable cause to believe that such
vessel is about to carry fuel, arms, ammunition, men, supplies,
dispatches, or information to any warship, tender, or supply ship of a
foreign belligerent nation in violation of the laws, treaties, or
obligations of the United States under the law of nations.
(n) The authority vested in the President by section 10(a) of the
act of November 4, 1939, ch. 2, 54 Stat. 9 [22 U.S.C. 450(a)], to
require the owner, master, or person in command of a vessel to give a
bond to the United States, as prescribed by the said section 10(a).
(o) The authority vested in the President by section 10(b) of the
act of November 4, 1939, ch. 2, 54 Stat. 9 [22 U.S.C. 450(b)], to
prohibit the departure of a vessel from a port of the United States, in
accordance with the provisions of the said section 10(b).
(p) The authority vested in the President by section 2 of the act of
August 18, 1914, ch. 256, 38 Stat. 699 [46 U.S.C. 8103(h)(2)], to
suspend, in his discretion, by order, so far and for such length of time
as he may deem desirable, the provisions of law prescribing that all
watch officers of vessels of the United States registered for foreign
trade shall be citizens of the United States.
(q) The authority vested in the President by section 2 of the act of
October 17, 1940, ch. 896, 54 Stat. 1201 [former 46 U.S.C. 643b], to
extend, whenever in his judgment the national interest requires, the
provisions of subsection (b) of section 4551, Revised Statutes, as
amended [46 U.S.C. 7304], to such additional class or classes of vessels
and to such waters as he may designate.
(r) The authority vested in the President by section 6 of the act of
July 24, 1941, ch. 320, 55 Stat. 604, as amended (34 U.S.C. 350e) [see
Historical and Revision Notes set out under 10 U.S.C. 5501], to make
appointments of officers below flag rank without the advice and consent
of the Senate, to the extent that such authority relates, pursuant to
section 11(b) of the said act, as amended (34 U.S.C. 350j) [see 14
U.S.C. 214, 275], to officers of the United States Coast Guard.
Sec. 2. The Secretary of Homeland Security is hereby designated and
empowered to perform without the approval, ratification, or other action
of the President the following described functions to the extent that
they relate to the United States Coast Guard:
(a) The authority vested in the President by Article 4(a) of the
Uniform Code of Military Justice (section 1 of the act of May 5, 1950,
ch. 169, 64 Stat. 110) [10 U.S.C. 804], to convene a general court-
martial to try any dismissed officer, upon application by the officer
concerned for trial by court-martial.
(b) The authority vested in the President by Articles 4(c) and 75 of
the Uniform Code of Military Justice (64 Stat. 110, 132) [10 U.S.C. 804,
875], to reappoint a discharged officer to such commissioned rank and
precedence as the former officer would have attained had he not been
dismissed, and to direct the extent to which any such reappointment
shall affect the promotion status of other officers.
(c) The authority vested in the President by section 10 of the act
of May 5, 1950, ch. 169, 64 Stat. 146 [10 U.S.C. 1161, 6408], to drop
from the rolls any officer who has been absent without authority from
his place of duty for a period of three months or more, or who, having
been found guilty by the civil authorities of any offense, is finally
sentenced to confinement in a Federal or State penitentiary or
correctional institution.
(d) The authority vested in the President by section 219 of the
Armed Forces Reserve Act, approved July 9, 1952 (66 Stat. 487) [10
U.S.C. 12203], to make appointments of Reserves in commissioned grades
below flag officer grades.
(e) The authority vested in the President by section 221 of the said
Armed Forces Reserve Act [10 U.S.C. 12203], to determine the tenure in
office of commissioned officers of the reserve.
(f) The authority vested in the President by section 248 of the said
Armed Forces Reserve Act [see 10 U.S.C. 12681, 12682], to effect the
discharge of commissioned officers of the reserve.
(g) The authority vested in the President by section 6 of the act of
February 21, 1946, ch. 34, 60 Stat. 27 [10 U.S.C. 6323], as made
applicable to the Coast Guard Reserve by section 755(a) of Title 14 of
the United States Code, in his discretion, to place upon the retired
list any officer of the Coast Guard Reserve, upon his own application,
who has completed more than twenty years of active service as described
in the said section 6.
Sec. 3. All actions heretofore taken by the President with respect
to the matters affected by this order and in force at the time of
issuance of this order, including any regulations prescribed or approved
by the President with respect to such matters, shall, except as they may
be inconsistent with the provisions of this order, remain in effect
until amended, modified, or revoked pursuant to the authority conferred
by this order.
Sec. 4. As used in this order, the term ``functions'' embraces
duties, powers, responsibilities, authority, or discretion, and the term
``perform'' may be construed to mean ``exercise''.
Sec. 5. Whenever the entire Coast Guard operates as a service in the
Navy, the references to the Secretary of Homeland Security in the
introductory portions of sections 1 and 2 of this order shall be deemed
to be references to the Secretary of the Navy.
Ex. Ord. No. 10661. Delegation of Functions to Secretary of Defense and
Secretary of Commerce
Ex. Ord. No. 10661, Feb. 27, 1956, 21 F.R. 1315, provided:
Section 1. The Secretary of Defense, and, when designated by the
Secretary of Defense for such purpose, the Secretary of the Army are
hereby designated and empowered to exercise, without the approval,
ratification, or other action of the President, the authority vested in
the President by the first section of the act of June 26, 1946, ch. 493,
60 Stat. 311, as amended [10 U.S.C. 4344, 9344], to designate persons
from the American Republics (other than the United States) and Canada
who may be permitted to receive instruction at the United States
Military Academy at West Point, New York.
Sec. 2. The Secretary of Defense, and, when designated by the
Secretary of Defense for such purpose, the Secretary of the Navy are
hereby designated and empowered to exercise, without the approval,
ratification, or other action of the President, the following-described
authority to designate persons who may be permitted to receive
instruction at the United States Naval Academy at Annapolis, Maryland:
(a) The authority vested in the President by the act of July 14,
1941, ch. 292, 55 Stat. 589, as amended [10 U.S.C. 6957], with respect
to persons from the American Republics (other than the United States)
and Canada.
(b) The authority vested in the President by the act of June 24,
1948, ch. 616, 62 Stat. 583 [10 U.S.C. 6957], with respect to Filipinos.
Sec. 3. The Secretary of Defense, and, when designated by the
Secretary of Defense for such purpose, the Secretary of the Air Force
are hereby designated and empowered to exercise, without the approval,
ratification, or other action of the President, the authority vested in
the President by the first section of the said act of June 26, 1946, as
made applicable to the United States Air Force Academy by section 5 of
the act of April 1, 1954, ch. 127, 68 Stat. 48 [10 U.S.C. 9344], to
designate persons from the American Republics (other than the United
States) and Canada who may be permitted to receive instruction at the
United States Air Force Academy.
Sec. 4. The Secretary of Commerce is hereby designated and empowered
to exercise, without the approval, ratification, or other action of the
President, the authority vested in the President by the act of August 9,
1946, ch. 928, 60 Stat. 961 [former 46 U.S.C. 1126b], to designate
persons from the American Republics (other than the United States) who
may be permitted to receive instruction in the United States Merchant
Marine Cadet Corps and at the United States Merchant Marine Academy at
Kings Point, New York.
Sec. 5. No person shall be designated under the authority of this
order to receive instruction except after consultation by the
designating officer with the Secretary of State.
Dwight D. Eisenhower.
Ex. Ord. No. 10950. Delegation of Functions to Secretary of the Interior
Ex. Ord. No. 10950, June 27, 1961, 26 F.R. 5787, as amended by Pub.
L. 101-509, title V, Sec. 529 [title I, Sec. 112(c)], Nov. 5, 1990, 104
Stat. 1427, 1454, provided:
By virtue of the authority vested in me by section 6(b) of the
Alaska Statehood Act of July 7, 1958 (72 Stat. 339) [set out as a note
preceding 48 U.S.C. 21], and as President of the United States, I hereby
designate the Secretary of the Interior as my representative to exercise
the authority vested in me by section 6(b) of the act to approve
selections of land made by the State of Alaska under the provisions of
section 6(b) in instances in which those selections include land lying
north and west of the line described in section 10(b) of the act:
Provided, That no selection by the State shall be approved pursuant to
this order, in whole or in part, without the concurrence of the
Secretary of Defense or his designated representative.
As the Secretary of the Interior may direct, the Deputy Secretary of
the Interior, an Assistant Secretary of the Interior, the Director of
the Bureau of Land Management, or the Operations Supervisors of the
Bureau of Land Management in Alaska are severally authorized to exercise
the authority vested in the Secretary by this order.
Ex. Ord. No. 11012. Delegation of Functions to Administrator of General
Services
Ex. Ord. No. 11012, Mar. 27, 1962, 27 F.R. 2983, as amended by Ex.
Ord. No. 11230, Sec. 2(11), June 28, 1965, 30 F.R. 8447; Ex. Ord. No.
12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, and as President of the United States, it is
hereby ordered as follows:
Section 1. [Superseded by Ex. Ord. No. 11230, Sec. 2(11), June 28,
1965, 30 F.R. 8447.]
Sec. 2. The Administrator of General Services is hereby designated
and empowered to exercise, without the approval, ratification, or other
action of the President, so much of the authority vested in the
President by Section 1(b) of the Act of August 2, 1946, ch. 744, 60
Stat. 807 (5 U.S.C. 73b-1(b)) [5 U.S.C. 5724], as pertains to the
establishment of the rates to be used in reimbursing civilian officers
or employees of the Government on a commuted basis in lieu of the
payment of actual expenses of transportation, packing, crating,
temporary storage, drayage, and unpacking of their household goods and
personal effects in the case of transfers from one official station to
another within the continental United States for permanent duty.
Sec. 3. The initial regulations to be issued by the Director of the
Office of Management and Budget and by the Administrator of General
Services under the authority delegated to each of them by this order
shall be effective on the same date and effective as of that date the
following-described Executive orders are revoked:
(a) Executive Order No. 9778 of September 10, 1946.
(b) Executive Order No. 9805 of November 25, 1946.
(c) Executive Order No. 9933 of February 27, 1948.
(d) Executive Order No. 9997 of September 8, 1948.
(e) Executive Order No. 10069 of July 14, 1949.
(f) Executive Order No. 10177 of October 27, 1950.
(g) Executive Order No. 10196 of December 20, 1950.
(h) Executive Order No. 10274 of July 18, 1951.
(i) Executive Order No. 10381 of August 6, 1952.
(j) Executive Order No. 10507 of December 10, 1953.
Sec. 4. Existing regulations prescribed by the Director of the
Office of Management and Budget under the authority of Section 1(b) of
Executive Order No. 10530, as amended and in effect immediately prior to
the issuance of this order, shall remain in effect until they are
superseded in pursuance of the provisions of this order.
Ex. Ord. No. 11023. Delegation of Functions to Secretary of Commerce
Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by section 301 of title 3,
of the United States Code, and as President of the United States, it is
ordered as follows:
Section 1. The Secretary of Commerce is hereby designated and
empowered to perform the following-described functions without the
approval, ratification, or other action of the President:
(a) The authority contained in [former] section 6(b) of the Coast
and Geodetic Survey Commissioned Officers Act of 1948 (62 Stat. 298; 33
U.S.C. 853e(b)) to revoke the commissions of ensigns of the National
Oceanic and Atmospheric Administration who are found not fully qualified
and to separate such ensigns from the commissioned service.
(b) The authority vested in the President by [former] section 12(a)
of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as
amended (75 Stat. 506; 33 U.S.C. 853j-1(a)), to make temporary
appointments in the grade of ensign in the National Oceanic and
Atmospheric Administration.
(c) The authority vested in the President by [former] section 12(b)
of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as
amended (75 Stat. 506; 33 U.S.C. 853j-1(b)), to temporarily promote
officers in the permanent grade of ensign in the National Oceanic and
Atmospheric Administration, and to appoint such officers to the grade of
lieutenant junior grade whenever vacancies exist in higher grades.
(d) The authority vested in the President by [former] section 12 (c)
of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as
amended (75 Stat. 506; 33 U.S.C. 853j-1(c)), to temporarily promote any
officer one grade.
(e) The authority vested in the President by [former] section 13(b)
of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as
amended (75 Stat. 506; 33 U.S.C. 853k(b)), to defer the retirement of an
officer of the National Oceanic and Atmospheric Administration serving
in a rank above that of captain who has attained the age of sixty-two
years.
(f) The authority vested in the President by [former] section 14 of
the Coast and Geodetic Survey Commissioned Officers Act of 1948, as
amended (75 Stat. 506; 33 U.S.C. 853l), to retire from the active
service any commissioned officer of the National Oceanic and Atmospheric
Administration, upon his own application, who has completed twenty years
of active service in the National Oceanic and Atmospheric
Administration.
(g) The authority vested in the President by [former] section 23(a)
of the Coast and Geodetic Survey Commissioned Officers Act of 1948, as
amended (75 Stat. 506; 33 U.S.C. 853t(a)), (1) to find that any officer
appointed under section 23 is not qualified for service, (2) to revoke
the commissions of officers in respect of whom such findings are made,
and (3) to prescribe the regulations referred to in that section.
(h) The authority contained in section 1(1) of the Act of December
3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-1(1)) to temporarily promote to
higher ranks or grades, upon recommendation of the Secretary of the
military department concerned, commissioned officers of the National
Oceanic and Atmospheric Administration transferred to the military
departments.
(i) The authority contained in section 1(2) of the Act of December
3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-1(2)) to temporarily promote
commissioned officers of the National Oceanic and Atmospheric
Administration to fill vacancies in ranks and grades caused by transfer
of commissioned officers to the service and jurisdiction of the military
departments.
(j) The authority contained in section 1(3) of the Act of December
3, 1942 (56 Stat. 1038; 33 U.S.C. 854a-1(3)) to temporarily appoint deck
officers and junior engineers to the grade of ensign to fill vacancies
caused by transfer of officers to the military departments.
(k) The authority vested in the President by [former] section 16 of
the Act of May 22, 1917 (40 Stat. 87; 33 U.S.C. 855), to transfer to
service and jurisdiction of the Department of Defense, as he may deem to
be to the best interest of the country, vessels, equipment, stations,
and personnel of the National Oceanic and Atmospheric Administration;
but the Secretary of Commerce may effect such transfers only during the
existence of a state of national emergency proclaimed by President.
Commissioned officers so transferred shall serve under their commissions
in the National Oceanic and Atmospheric Administration and while so
serving shall constitute a part of the active armed forces of the United
States and shall be under the direct orders of, and shall be subject to
the applicable laws, regulations, and orders for the government of, the
armed forces to which they are transferred, respectively. The Secretary
of Commerce may return such vessels, equipment, stations, and personnel
to the jurisdiction of the Department of Commerce, but in time of
national emergency such return shall be effected only with the
concurrence of the Secretary of Defense.
(l) The authority vested in the President by section 8 of the Act of
August 6, 1947 (61 Stat. 788; 33 U.S.C. 883h) to employ public vessels,
and to give instructions for regulating their conduct, to carry out the
provisions of the Act of August 6, 1947; but the employment by the
Secretary of Commerce of vessels, except those of the Department of
Commerce or of any subordinate entity thereof, shall require the
concurrence of the head of the department or other executive agency
having custody or control of the vessel.
Sec. 2. Upon receipt by the Secretary of Commerce from the President
or from the President's representative of information showing that the
Senate has confirmed nominees of the President for appointment as
commissioned officers of the National Oceanic and Atmospheric
Administration, and without any further action on the part of the
President, (1) the Secretary of Commerce or an officer of the Department
of Commerce designated by the Secretary may, upon completion of
statutory requirements for such appointments, tender offers of
appointment to the nominees and upon acceptance such persons shall be
deemed to be appointed accordingly, (2) the Secretary of Commerce, in
the name of the President, shall issue to each such person a commission
evidencing the appointment of such persons accordingly, and (3) the
commissions of such persons shall be deemed to have been signed by the
President. The effective date specified in any commission so issued
shall be deemed, for all purposes, to be the date of the appointment
evidenced by such commission.
Sec. 3. In connection with making appointments or promotions under
authority delegated to him by subsections (b), (c), (d), (h), (i), and
(j) of section 1 of this order, the Secretary of Commerce shall issue to
each person appointed or promoted by him thereunder a certificate
evidencing the appointment or promotion of such person. Such certificate
may be issued in the name of the President.
Sec. 4. Any requirement of any provision of law that commissions of
officers under the direction and control of the Secretary of Commerce be
signed by the President before the seal of the Department of Commerce
may be affixed thereto shall, in the case of officers appointed under
the procedure set forth in section 2 of this order and in the case of
officers appointed or promoted under authority delegated by subsections
(b), (c), (d), (h), (i), and (j) of section 1 of this order, be deemed
to be satisfied by signature of the commission or certificate by the
Secretary of Commerce, before the departmental seal is affixed thereto.
Sec. 5. The Secretary of Commerce is hereby authorized to accept, in
the name of the President, the resignation of a commissioned officer,
either permanent or temporary, of the National Oceanic and Atmospheric
Administration.
Sec. 6. The authority delegated by the provisions of subsections
(b), (c), (d), (h), (i), and (j) of section 1 of this order shall be
deemed to include the authority to terminate any appointment or
promotion made under the provisions of law referred to in those
subsections.
Sec. 7. All actions heretofore taken by the President with respect
to the matters affected by this order and in force at the time of
issuance of this order, including any regulations prescribed or approved
by the President with respect to such matters shall, except as they may
be inconsistent with the provisions of this order, remain in effect
until amended, modified or revoked pursuant to the authority conferred
by this order. The following are hereby superseded: (1) Letter of the
President to the Secretary of Commerce, dated April 23, 1929, and
relating to the general subject of section 2 of this order, and (2)
letter of the Secretary to the President, dated July 1, 1919, and
directed to the Secretary of Commerce, relating to the general subject
of section 5 of this order.
Sec. 8. As used in this order the term ``functions'' embraces
duties, powers, responsibilities, authority or discretion, and the term
``perform'' may be construed to mean ``exercise''.
Ex. Ord. No. 11110. Amendment of Executive Order No. 10289, Relating to
Performance of Certain Functions of Department of the Treasury
Ex. Ord. No. 11110, June 4, 1963, 28 F.R. 5605, provided:
By virtue of the authority vested in me by section 301 of Title 3 of
the United States Code, it is ordered as follows:
Section 1. Executive Order No. 10289 of September 19, 1951, as
amended [set out as a note under this section], is hereby further
amended--
(a) By adding at the end of paragraph 1 thereof the following
subparagraph (j):
``(j) The authority vested in the President by paragraph (b) of
section 43 of the Act of May 12, 1933, as amended (31 U.S.C. 821(b)) [31
U.S.C. 5301(a), (b)] to issue silver certificates against any silver
bullion, silver, or standard silver dollars in the Treasury not then
held for redemption of any outstanding silver certificates, to prescribe
the denominations of such silver certificates, and to coin standard
silver dollars and subsidiary silver currency for their redemption,''
and
(b) By revoking subparagraphs (b) and (c) of paragraph 2 thereof.
Sec. 2. The amendments made by this order shall not affect any act
done, or any right accruing or accrued or any suit or proceeding had or
commenced in any civil or criminal cause prior to the date of this order
but all such liabilities shall continue and may be enforced as if said
amendments had not been made.
John F. Kennedy.
Ex. Ord. No. 11228. Delegation of Functions to Office of Personnel
Management
Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, as amended by Ex.
Ord. No. 11257, Nov. 13, 1965, 30 F.R. 14353; Ex. Ord. No. 12107, Dec.
28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, and as President of the United States, it is
hereby ordered as follows--
Section 1. The Office of Personnel Management is hereby designated
and empowered to exercise, without the approval, ratification, or other
action of the President, the following:
(1) The authority vested in the Office of Personnel Management by
Section 605 of the Federal Employees Pay Act of 1945, 59 Stat. 304 (5
U.S.C. 945) [5 U.S.C. 5504(c), 5548, 6101(c)], to issue, subject to the
approval of the President, regulations necessary for the administration
of certain provisions of that Act insofar as the Act affects officers
and employees in or under the executive branch of the Government.
(2) The authority vested in the President by Section 203(f) of the
Annual and Sick Leave Act of 1951, 65 Stat. 680 (5 U.S.C. 2062(f)) [5
U.S.C. 6305(a)], to prescribe regulations governing the granting of
leave of absence as described in that Section.
(3) Except as to Presidential appointees, the authority vested in
the President (A) by Section 204 of the Act of June 30, 1932, 47 Stat.
404 [5 U.S.C. 3323(a)], to exempt from automatic separation from the
service under that Section any person when, in his judgment, the public
interest so requires and (B) by Section 5(c) of the Civil Service
Retirement Act, 70 Stat. 748 (5 U.S.C. 2255(c)) [5 U.S.C. 8335(c)], to
exempt from automatic separation from the service under Section 5 of
that Act [5 U.S.C. 8335] any employee when, in his judgment, the public
interest so requires.
(4) The authority vested in the President by Section 9(b) (8) of the
Federal Employees Salary Act of 1965 (approved October 29, 1965) [5
U.S.C. 5595(a)(2)] to prescribe rules and regulations excluding officers
or employees from the application of Section 9 of that Act [5 U.S.C.
5595].
(5) The authority vested in the President by Section 9(c) of the
Federal Employees Salary Act of 1965 [5 U.S.C. 5595(b)(2)] to prescribe
rules and regulations governing severance pay.
Sec. 2. The Director of the Office of Personnel Management is hereby
designated and empowered to exercise, without the approval,
ratification, or other action of the President, the authority vested in
the President by Section 304(e) of the Government Employees' Incentive
Awards Act, 68 Stat. 1113 (5 U.S.C. 2123(e)) [5 U.S.C. 4502(d)], to
determine the activity primarily benefiting, or the various activities
benefiting, from any suggestion, invention, superior accomplishment, or
other personal effort of any civilian officer or employee of the
Government which constitutes the basis of any Presidential award or
honorary recognition made or granted under Section 304(b) of that Act (5
U.S.C. 2123(b)) [5 U.S.C. 4501(2)(A), 4504].
Sec 3. The following are hereby superseded:
(1) Part II of Executive Order No. 10530 of May 10, 1954.
(2) Executive Order No. 10682 of October 22, 1956.
(3) Section 5 of Executive Order No. 10800 of January 15, 1959.
(4) Executive Order No. 10835 of August 21, 1959.
(5) So much of Section 2 of Executive Order No. 10903 of January 9,
1961, as added paragraph (e) of Section 2 of Executive Order No. 10530
of May 10, 1954.
Sec. 4. (a) Unless inappropriate, references in this Order to any
statute or to any provision of any statute shall be deemed to include
references thereto as amended from time to time.
(b) Unless inappropriate, any reference in any Executive order to
any Executive order which is superseded by this Order, or to any
Executive order provision so superseded, shall hereafter be deemed to
refer to this Order or to the provision of Section 1 or Section 2 of
this Order, if any, which corresponds to the superseded provision.
Sec. 5. All actions heretofore taken by the President or by his
delegates in respect of the matters affected by Sections 1 and 2 of this
Order and in force at the time of the issuance of this Order, including
any regulations prescribed or approved by the President or by his
delegates in respect of such matters, shall, except as they may be
inconsistent with the provisions, of this Order, remain in effect until
amended, modified, or revoked pursuant to the authority conferred by
this Order unless sooner terminated by operation of law.
Executive Order No. 11230
Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8847, as amended by Ex.
Ord. No. 11275, Mar. 31, 1966, 31 F.R. 5283; Ex. Ord. No. 11290, July
21, 1966, 31 F.R. 10067; Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R.
10601, delegating certain functions of the President to the Director of
the Bureau of the Budget, was superseded by Ex. Ord. No. 11609, July 22,
1971, 36 F.R. 13747, set out as a note under this section.
Executive Order No. 11294
Ex. Ord. No. 11294, Aug. 4, 1966, 31 F.R. 10601, as amended by Ex.
Ord. No. 11609, July 22, 1971, 36 F.R. 13747, which delegated functions
of the President to establish maximum rates of per diem allowances for
certain travel, was revoked by Ex. Ord. No. 12561, July 1, 1986, 51 F.R.
24299, set out as a note under section 5702 of Title 5, Government
Organization and Employees.
Ex. Ord. No. 11390. Delegation of Functions to Secretary of Defense
Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, as amended by Ex.
Ord. No. 11601, June 29, 1971, 36 F.R. 12473; Ex. Ord. No. 12396, Dec.
9, 1982, 47 F.R. 55897; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617, provided:
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, and as President of the United States, it is
ordered as follows:
Section 1. The Secretary of Defense, and, as designated by the said
Secretary for this purpose, any of the Secretaries, Under Secretaries,
and Assistant Secretaries of the military departments, are hereby
designated and empowered to perform the following-described functions of
the President without the approval, ratification, or other action of the
President:
(1) [Revoked by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617.]
(2), (3) [Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R.
55897.]
(4) The authority vested in the President by sections 565 and 599
[now 12243] of title 10, United States Code, to suspend, in time of war
or emergency, any provision of law relative to promotion and mandatory
retirement or separation of warrant officers of the armed forces.
(5) The authority vested in the President by sections 4337 and 9337
of title 10, United States Code, to appoint the chaplains at the United
States Military and Air Force Academies.
(6) The authority vested in the President by sections 4302(a) and
9302(a) of title 10, United States Code, to approve regulations
concerning instruction of enlisted members of the Army and Air Force.
(7) [Revoked by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617.]
(8) The authority vested in the President by sections 5139 and 5149
of title 10, United States Code, relating to the retirement of the Chief
of the Medical Service Corps, the Deputy Judge Advocate General, and the
Assistant Judge Advocate General, of the Navy.
(9) [Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897.]
(10) The authority vested in the President by section 2102(a) of
title 10, United States Code, to prescribe regulations governing the
establishment and maintenance of senior reserve officers' Training Corps
units at civilian educational institutions.
(11) The authority vested in the President by section 123 of title
10, and section 111 of title 32, United States Code, to suspend in time
of war or national emergency those provisions cited therein relating to
promotion of reserve officers.
(12) [Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897.]
(13) The authority vested in the President by section 6223(b) of
title 10, United States Code, relating to members of the Marine Corps
Band.
(14) The authority vested in the President by section 425 of title
37, United States Code, to approve concert tours of the Navy Band and
the Marine Corps Band.
(15) [Revoked by Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897.]
Sec. 2. All actions heretofore taken by or for the President with
respect to the matters affected by this order and in force and effect at
the time of the issuance of this order, including any regulations
prescribed or approved by the President with respect to such matters,
shall, except as they may be inconsistent with the provisions of this
order, remain in force and effect until amended, modified, or revoked
pursuant to the authority conferred by this order.
Ex. Ord. No. 11423. Delegation of Functions to Secretary of State
Respecting Certain Facilities Constructed and Maintained on United
States Borders
Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, as amended by Ex.
Ord. No. 12847, May 17, 1993, 58 F.R. 29511; Ex. Ord. No. 13284,
Sec. 14, Jan. 23, 2003, 68 F.R. 4076, provided:
WHEREAS the proper conduct of the foreign relations of the United
States requires that executive permission be obtained for the
construction and maintenance at the borders of the United States of
facilities connecting the United States with a foreign country; and
WHEREAS such executive permission has from time to time been sought
and granted in the form of Presidential permits for the construction,
connection, operation, and maintenance at the borders of the United
States of such border crossing facilities as water supply and oil
pipelines, aerial tramways and cable cars, submarine cables, and lines
for the transmission of electric energy; and
WHEREAS Executive Order No. 10485 of September 3, 1953 [set out as a
note under section 717b of title 15], empowers the Federal Power
Commission [Secretary of Energy] to issue permits for the construction,
operation, maintenance, or connection, at the borders of the United
States, of facilities for the transmission of electric energy between
the United States and a foreign country and for the importation or
exportation of natural gas to or from a foreign country; and
WHEREAS Executive Order No. 10530 of May 10, 1954 [set out as a note
under this section], empowers the Federal Communications Commission to
issue and revoke licenses to land submarine cables in the United States;
and
WHEREAS it is desirable to provide a systematic method in connection
with the issuance of permits for the construction and maintenance of
other such facilities connecting the United States with a foreign
country:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States and Commander in Chief of the Armed Forces of the
United States and in conformity with the provisions of section 301 of
title 3, United States Code, it is ordered as follows:
Section 1. (a) Except with respect to facilities covered by
Executive Order Nos. 10485 [15 U.S.C. 717b note] and 10530 [set out
above], the Secretary of State is hereby designated and empowered to
receive all applications for permits for the construction, connection,
operation, or maintenance, at the borders of the United States, of: (i)
pipelines, conveyor belts, and similar facilities for the exportation or
importation of petroleum, petroleum products, coal, minerals, or other
products to or from a foreign country; (ii) facilities for the
exportation or importation of water or sewage to or from a foreign
country; (iii) facilities for the transportation of persons or things,
or both, to or from a foreign country; (iv) bridges, to the extent that
congressional authorization is not required; and (v) similar facilities
above or below ground.
(b) With respect to applications received pursuant to subsection
(a)(i) above, the Secretary of State shall request the views of the
Secretary of the Treasury, the Secretary of Defense, the Attorney
General, the Secretary of the Interior, the Secretary of Commerce, the
Secretary of Transportation, the Secretary of Homeland Security, the
Interstate Commerce Commission, and the Director of the Office of
Emergency Planning. With respect to applications received pursuant to
subsection (a)(ii) above, the Secretary of State shall request the views
of the Secretary of Defense and the Secretary of the Interior. With
respect to applications received pursuant to subsection (a)(iii), (iv)
or (v) above, the Secretary of State shall request the views of the
Secretary of the Treasury, the Secretary of Defense, the Attorney
General, and the Secretary of Transportation.
(c) The Secretary of State may also consult with such other
department and agency heads and with such state and local government
officials as he deems appropriate with respect to each application. All
federal government officials consulted by the Secretary of State
pursuant to this section shall provide such information and render such
assistance as he may request, consistent with their competence and
authority.
(d) If the Secretary of State finds, after consideration of the
views obtained pursuant to subsections (b) and (c), that issuance of a
permit to the applicant would serve the national interest, he shall
prepare a permit, in such form and with such terms and conditions as the
national interest may in his judgment require, and shall notify the
officials required to be consulted under subsection (b) above of his
proposed determination that the permit be issued.
(e) If the Secretary of State finds, after consideration of the
views obtained pursuant to subsections (b) and (c), that issuance of a
permit to the applicant would not serve the national interest, he shall
notify the officials required to be consulted under subsection (b) above
of his proposed determination that the application be denied.
(f) The Secretary of State shall issue or deny the permit in
accordance with his proposed determination unless, within fifteen days
after notification pursuant to subsection (d) or (e) above, an official
required to be consulted under subsection (b) above shall notify the
Secretary of State that he disagrees with the Secretary's proposed
determination and requests the Secretary to refer the application to the
President. In the event of such a request, the Secretary of State shall
refer the application, together with statements of the views of the
several officials involved, to the President for his consideration and
final decision.
Sec. 2. (a) The Secretary of State may provide for the publication
in the Federal Register of notice of receipt of applications, for the
receipt of public comments on applications, and for publication in the
Federal Register of notice of issuance or denial of applications.
(b) The Secretary of State is authorized to issue such further rules
and regulations, and to prescribe such further procedures, as he may
from time to time deem necessary or desirable for the exercise of the
authority conferred upon him by this order.
Sec. 3. The authority of the Secretary of State hereunder is
supplemental to, and does not supersede, existing authorities or
delegations relating to importation, exportation, transmission, or
transportation to or from a foreign country. All permits heretofore
issued with respect to matters described in section 1 of this order, and
in force at the time of issuance of this order, and all permits issued
hereunder, shall remain in effect in accordance with their terms unless
and until modified, amended, suspended, or revoked by the President or,
upon compliance with the procedures provided for in this order, by the
Secretary of State.
[Interstate Commerce Commission abolished and functions of
Commission transferred, except as otherwise provided in Pub. L. 104-88,
to Surface Transportation Board effective Jan. 1, 1996, by section 702
of Title 49, Transportation, and section 101 of Pub. L. 104-88, set out
as a note under section 701 of Title 49. References to Interstate
Commerce Commission deemed to refer to Surface Transportation Board, a
member or employee of the Board, or Secretary of Transportation, as
appropriate, see section 205 of Pub. L. 104-88, set out as a note under
section 701 of Title 49.]
Ex. Ord. No. 11592. Delegation of Functions to Director of Office of
Management and Budget
Ex. Ord. No. 11592, May 6, 1971, 36 F.R. 8555, provided:
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, and as President of the United States, the
Director of the Office of Management and Budget is hereby designated and
empowered to exercise, without the approval, ratification, or other
action of the President, the function of granting the approvals
authorized or required to be granted by the President by any of the
provisions of the River and Harbor Act of 1970 and the Flood Control Act
of 1970, Public Law 91-611, approved December 31, 1970.
Richard Nixon.
Ex. Ord. No. 11609. Delegation of Certain Functions Vested in the
President to Other Officers of the Government
Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, as amended by Ex.
Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069; Ex. Ord. No. 11779, Apr.
19, 1974, 39 F.R. 14185; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055; Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043; Ex. Ord. No.
12466, Feb. 27, 1984, 49 F.R. 7349, eff. Nov. 14, 1983; Ex. Ord. No.
12522, June 24, 1985, 50 F.R. 26337, eff. Oct. 12, 1984; Ex. Ord. No.
12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12822, Nov. 16, 1992,
57 F.R. 54289, eff. Jan. 1, 1992, provided:
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, and as President of the United States, it is
hereby ordered as follows:
Section 1. General Services Administration. The Administrator of
General Services is hereby designated and empowered to exercise, without
the approval, ratification, or other action of the President, the
following:
(1) The authority of the President under 5 U.S.C. 4111(b) to
prescribe regulations with respect to reductions to be made from
payments by the Government to employees for travel, subsistence, or
other expenses incident to training in a non-Government facility or to
attendance at a meeting.
(2) The authority of the President under the last sentence of 5
U.S.C. 5702(a) to establish maximum rates of per diem allowances to the
extent that such authority pertains to travel status of employees (as
defined in 5 U.S.C. 5701) while enroute to, from, or between localities
situated outside the 48 contiguous States of the United States and the
District of Columbia.
(3) The authority of the President under 5 U.S.C. 5707 to prescribe
regulations necessary for the administration of subchapter I of chapter
57 of title 5 of the United States Code [section 5701 et seq. of title
5] (relating to travel and subsistence expenses and mileage allowances).
(4) The authority of the President under 5 U.S.C. 5722(a) to
prescribe regulations with respect to the payment of travel expenses and
transportation expenses of household goods and personal effects.
(5) The authority of the President under 5 U.S.C. 5723(a) to
prescribe regulations with respect to the payment of travel expenses and
transportation expenses.
(6) The authority of the President under 5 U.S.C. 5724 to prescribe
the regulations provided for therein (relating to travel and
transportation expenses and other matters).
(7)(a) The authority of the President under 5 U.S.C. 5724(a) to
prescribe the regulations provided for therein, relating to (i) the
availability of appropriations or other funds of agencies for the
reimbursement of described expenses of employees for whom the Government
pays expenses of travel and transportation under 5 U.S.C. 5724(a), (ii)
the entitlement of employees to amounts related to their basic pay, and
(iii) the allowance, payment, and receipt of expenses and benefits to
former employees who are reemployed by nontemporary appointments.
(b) In consultation with the Secretary of the Treasury, the
authority of the President under 5 U.S.C. 5724b to prescribe the
regulations provided for therein relating to reimbursement of Federal,
State, and city income taxes for travel, transportation, and relocation
expenses of employees, transferred at Government expense, furnished in
kind or for which reimbursement or an allowance is provided.
(c) The authority of the President under 5 U.S.C. 5724c to prescribe
the regulations provided for therein pursuant to which each agency shall
carry out its responsibilities under 5 U.S.C. 5724c; provided, that the
Director of Central Intelligence, after consultation with the
Administrator of General Services, shall prescribe such regulations for
the Central Intelligence Agency.
(8) The authority of the President under 5 U.S.C. 5726 to prescribe
the regulations provided for therein, relating to (i) the definition of
``household goods and personal effects'', (ii) allowable storage
expenses and related transportation, and (iii) the allowance of
nontemporary storage expenses or storage at Government expense in
Government-owned facilities (including related transportation and other
expenses).
(9) The authority of the President under 5 U.S.C. 5727 to prescribe
the regulations provided for therein, relating to the transportation at
Government expense of privately owned motor vehicles.
(10) The authority of the President under 5 U.S.C. 5728 (a) and (b)
to prescribe the regulations provided for therein, relating to the
payment by an agency from its appropriations of the expenses of round
trip travel of an employee, and the transportation of his immediate
family, in described circumstances.
(11) The authority of the President under 5 U.S.C. 5729(a) and (b)
to prescribe the regulations provided for therein, relating to (i) the
payment by an agency from its appropriations of the expenses of
transporting the immediate family of an employee and of shipping his
household goods and personal effects, and (ii) the reimbursement from
its appropriations by an agency of an employee for the proper
transportation expense of returning his immediate family and household
goods and personal effects, both in described circumstances.
(12) The authority of the President under 5 U.S.C. 5731(a) to
prescribe the regulations provided for therein, relating to
certifications respecting transportation accommodations.
(13) The authority of the President under 5 U.S.C. 5742(b) to
prescribe regulations with respect to the payment of expenses when an
employee dies.
(14) The authority of the President under the last sentence of
paragraph (c) of section 32 of title III of the Act of July 22, 1937, c.
517, 50 Stat. 525 (7 U.S.C. 1011(c)), to transfer to Federal, State, or
Territorial agencies lands acquired by the Secretary of Agriculture
under section 32(a) of that Act.
(15) The authority of the President under section 340 of the
Consolidated Farmers Home Administration Act of 1961, 75 Stat. 318 (7
U.S.C. 1990), in his discretion to transfer to the Secretary of
Agriculture any right, interest or title held by the United States in
any lands acquired in the program of national defense and no longer
needed for that program, and to determine the suitability of the lands
to be transferred, for the purposes referred to in that section:
Provided, That the exercise by the Administrator of the authority
delegated to him by this paragraph (15) shall require the concurrence of
the Secretary of Defense as to the absence of further need of the lands
for the national defense program.
(16) The authority of the President under section 4(k) of the
Tennessee Valley Authority Act, 55 Stat. 599 (16 U.S.C. 831c(k)), to
approve transfers under paragraphs (a) and (c) of that section, other
than leases for terms of less than 20 years and conveyances of property
having a value not in excess of $500.
(17) The authority of the President under section 7(b) of the
Tennessee Valley Authority Act of May 18, 1933, 48 Stat. 63 (16 U.S.C.
831f(b)), to provide for the transfer to the Tennessee Valley Authority
of the use, possession, and control of real or personal property of the
United States deemed by the Administrator of General Services to be
necessary and proper for the purposes of that Authority as stated in
that Act.
(18) The authority of the President under section 1 of the Act of
March 4, 1927, c. 505, 44 Stat. 1422 (20 U.S.C. 191), to transfer to the
jurisdiction of the Secretary of Agriculture for the purposes of that
Act any land belonging to the United States within or adjacent to the
District of Columbia located along the Anacostia River North of Benning
Bridge.
(19) That part of the authority of the President under section 7(a)
of the Act of July 17, 1959, P.L. 86-91, 73 Stat. 216, as amended (20
U.S.C. 905(a)), which consists of authority to prescribe regulations
relating to storage (including packing, drayage, unpacking, and
transportation to and from storage) of household effects and personal
possessions.
(20) The authority of the Administrator of General Services under
section 210(i) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 490(i)) [now 40 U.S.C. 589] to prescribe
regulations relating to the installation, repair, and replacement of
sidewalks.
(21) The authority of the President under section 108 of the Housing
Act of July 15, 1949, c. 338, 63 Stat. 419, as amended (42 U.S.C. 1458),
to transfer, or cause to be transferred, to the Secretary of Housing and
Urban Development any right, title or interest held by the Federal
Government or any department or agency thereof in any land (including
buildings thereon) which is surplus to the needs of the Government and
which a local public agency certifies will be within the area of a
project being planned by it.
(22), (23) [Revoked by Ex. Ord. No. 12215, May 27, 1980, 45 F.R.
36043.]
Sec. 2. Department of the Treasury. The Secretary of the Treasury is
hereby designated and empowered to exercise, without the approval,
ratification, or other action of the President, the following:
(1) The authority under 5 U.S.C. 5943(a) to make recommendations to
the President concerning the meeting of losses sustained by employees
and members of the uniformed services while serving in a foreign country
due to appreciation of foreign currency in its relation to the American
dollar.
(2) The authority under 5 U.S.C. 5943(d) to report annually to the
Congress on expenditures made under 5 U.S.C. 5943(d).
Sec. 3. Department of Health and Human Services. The Secretary of
Health and Human Services is hereby designated and empowered to
exercise, without the approval, ratification, or other action of the
President, the following:
(1) The authority of the President under the first section of the
Act entitled ``An Act to authorize the operation of stands in Federal
buildings by blind persons, to enlarge the economic opportunities of the
blind, and for other purposes,'' approved June 20, 1936, 49 Stat. 1559,
as amended (20 U.S.C. 107), to approve regulations prescribed by the
heads of the respective departments and agencies thereunder.
(2) The authority of the Secretary of Health and Human Services
under section 2 of the Act of August 4, 1947, c. 478, 61 Stat. 751, as
amended (24 U.S.C. 168a) to fix per diem rates for care of patients in
Saint Elizabeths Hospital.
Sec. 4. (a) Department of State. The Secretary of State is hereby
designated and empowered to exercise his authority under section 12 of
the Act of August 1, 1956, 70 Stat. 892 (22 U.S.C. 2679) (being
authority to prescribe certain maximum rates of per diem in lieu of
subsistence (or of similar allowances therefor)), without the approval,
ratification, or other action of the President.
(b) The Secretary of State is hereby designated and empowered to
exercise the authority of the President under section 9 of the United
Nations Participation Act of 1945 (59 Stat. 619), as amended by section
15 of Public Law 93-126 (87 Stat. 454-455) [22 U.S.C. 287e-1].
Sec. 5. Department of Defense. The Secretary of Defense is hereby
designated and empowered to exercise the authority of the President
under the last sentence of section 4 of the Act of May 10, 1943, c. 95,
57 Stat. 81 (24 U.S.C. 34) to prescribe from time to time uniform rates
of charges for hospitalization and dispensary services: Provided, That
the authority hereby delegated may not be redelegated to any officer in
the Department of the Navy, Department of the Air Force, or Department
of the Army.
Sec. 6. Department of Health and Human Services; Department of
Defense. The following are hereby designated and empowered to exercise,
without the approval, ratification, or other action of the President,
the authority of the President under 10 U.S.C. 1085 to establish uniform
rates of reimbursement for inpatient medical or dental care:
(1) The Secretary of Health and Human Services in respect of such
care in a facility under his jurisdiction.
(2) The Secretary of Defense in respect of such care in a facility
of an armed force under the jurisdiction of a military department.
Sec. 7. Veterans Administration. (a) The Administrator of Veterans
Affairs is hereby designated and empowered to exercise the authority of
the President under 10 U.S.C. 1074(b) to approve uniform rates of
reimbursement for care provided in facilities operated by the
Administrator.
(b) Section 2 of Executive Order No. 11302 of September 6, 1966, as
amended by Executive Order No. 11429 of September 9, 1968 [set out as a
note under section 111 of Title 38, Veterans' Benefits], is hereby
further amended by substituting for the words ``allowance of not more
than six cents a mile'' the following: ``allowance, in such amount per
mile as the Administrator shall from time to time fix pursuant to 38
U.S.C. 111 as affected by this order,''.
Sec. 8. Office of Personnel Management. The Office of Personnel
Management is hereby designated and empowered to exercise, without the
approval, ratification, or other action of the President, the following:
(1) The authority of the President under 5 U.S.C. 5514(b) to approve
regulations prescribed by the head of each agency to carry out 5 U.S.C.
5514 and section 3(a) of the Act of July 15, 1954, c. 509, 68 Stat. 483,
31 U.S.C. 581d [31 U.S.C. 3530(d)] (relating to installment deductions
from pay for indebtedness because of erroneous payment).
(2) The authority of the President under 5 U.S.C. 5903 to prescribe
regulations necessary for the uniform administration of subchapter I of
chapter 59 of title 5 of the United States Code [5 U.S.C. 5901 et seq.]
(relating to uniform allowances).
(3) The authority of the President under 5 U.S.C. 5942 to prescribe
regulations establishing rates at which an allowance based on duty
(except temporary duty) at remote work sites will be paid and defining
and designating the sites, areas and groups of positions to which the
rates apply.
(4) The authority of the President under 5 U.S.C. 5942a to prescribe
regulations governing the payment of allowances to employees assigned to
duty at Johnston Island for the purposes of maintaining the employees'
spouses or dependents, or both, at a location other than Johnston
Island.
Sec. 9. Office of Management and Budget. The Director of the Office
of Management and Budget is hereby designated and empowered to exercise,
without the approval, ratification, or other action of the President,
the following:
(1) The authority of the President under 5 U.S.C. 5911(f) to issue
the regulations provided for therein (relating to the provision,
occupancy, and availability of quarters and facilities, the
determination of rates and charges therefor, and other related matters,
as are necessary and appropriate to carry out the provision of section
5911).
(2) The authority of the President under 10 U.S.C. 126(a) to approve
the transfers of balances of appropriations provided for therein.
(3) The authority of the President under section 202 of the Budget
and Accounting Procedures Act of September 12, 1950, 64 Stat. 833 (31
U.S.C. 581c) [31 U.S.C. 1531] to approve the transfers of balances of
appropriations provided for in subsections (a) and (b) of that section.
(4) The authority of the President under the last sentence of
section 11 of the Act of June 6, 1924, c. 270, 43 Stat. 463 (40 U.S.C.
72) [now 40 U.S.C. 8731(d)], to approve (i) the designation of lands to
be acquired by condemnation, (ii) contracts for purchase of lands, and
(iii) agreements between the National Capital Planning Commission and
officials of the States of Maryland and Virginia.
(5) The authority of the President under section 1 of the Act of
December 22, 1928, c. 48, 45 Stat. 1070 (40 U.S.C. 72a) [now 40 U.S.C.
8732], to approve contracts for acquisition of land subject to limited
rights reserved to the grantor and for the acquisition of limited
permanent rights in land adjoining park property.
(6) The authority of the President under section 407(b) of the Act
of August 30, 1957, 71 Stat. 556 (42 U.S.C. 1594j(b)) [see 10 U.S.C.
2830], to approve regulations (relating to the rental of substandard
housing for members of the uniformed services) prescribed pursuant to
that section. The Secretaries referred to in section 407(c) of that Act
shall furnish the Director of the Office of Management and Budget such
reports with respect to matters within the scope of the regulations so
approved as he may require and at such times as he may specify.
(7) The authority of the President under 44 U.S.C. 1108 to approve
the use, from the appropriations available for printing and binding, of
such sums as are necessary for the printing of journals, magazines,
periodicals, and similar publications.
(8) The authority of the President under the paragraph appearing
under the heading ``Expenses of Management Improvement'' in title III of
the Treasury, Post Office, and Executive Office Appropriation Act, 1971,
P.L. 91-422, 84 Stat. 877, or by any reenactment of the provisions of
that paragraph in the same or in a different amount of funds, to
allocate to any agency or office of the executive branch (including the
Office of Management and Budget) funds appropriated by that paragraph or
by any such reenactment of it. The Director of the Office of Management
and Budget shall from time to time report to the President concerning
activities carried on by executive agencies and offices with funds
allocated under this paragraph and shall, consonant with law, exercise
such direction and control with respect to those activities as he shall
deem appropriate.
Sec. 10. General Provisions. (a) Unless inappropriate, any reference
in this order to any provision of law shall be deemed to include
reference thereto as amended from time to time and as affected by
Reorganization Plan No. 2 of 1970 (35 F.R. 7959).
(b) Unless inappropriate, any reference in any Executive order to
any Executive order which is superseded by this order, or to any
Executive order provision so superseded, shall hereafter be deemed to
refer to this order or to the provision of the preceding section of this
order, if any, which corresponds to the superseded provision.
(c) All actions heretofore taken by the President, the Director of
the Bureau of the Budget, or the Director of the Office of Management
and Budget in respect of the matters affected by the provisions of the
preceding sections of this order and in force at the time of the
issuance of this order, including any regulations prescribed or approved
by any of them in respect of such matters, shall, except as may be
inconsistent with the provisions of this order, remain in effect until
amended, modified, or revoked pursuant to the authority conferred by
this order unless sooner terminated by operation of law.
Sec. 11. Orders superseded. The following are hereby superseded:
(1) Executive Order No. 10604 of April 22, 1955.
(2) Executive Order No. 11230 of June 28, 1965.
(3) Executive Order No. 11275 of March 31, 1966.
(4) Executive Order No. 11290 of July 21, 1966.
(5) Section 3 of Executive Order No. 11294 of August 4, 1966.
(6) To the extent that it is inconsistent with this order, Executive
Order No. 11541 of July 1, 1970.
Sec. 12. Taking effect. This order shall be effective immediately
except that paragraphs (1) to (13), inclusive, and paragraph (19), of
section 1 hereof shall become effective ninety days after the date of
this order.
Change of Name
References to Administrator of Veterans' Affairs and to Veterans'
Administration deemed to refer to Secretary of Veterans Affairs and to
Department of Veterans Affairs, respectively, pursuant to section 10 of
Pub. L. 100-527, set out as a Department of Veterans Affairs Act note
under section 301 of Title 38, Veterans' Benefits.
Ex. Ord. No. 11690. Delegation of Functions to Executive Director of
Domestic Council
Ex. Ord. No. 11690, Dec. 14, 1972, 37 F.R. 26815, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States, Part II of Reorganization Plan No. 2 of
1970 [set out in 5 App. U.S.C.], and as President of the United States,
it is ordered as follows:
Section 1. Functions of the Executive Director of the Domestic
Council. In addition to the functions heretofore assigned, the Executive
Director of the Domestic Council shall assist the President with respect
to intergovernmental relations generally. In addition, he shall:
(1) serve as the coordinator for the prompt handling and solution of
Federal-State-local problems brought to the attention of the President
or Vice President by executive and legislative officers of State and
local governments;
(2) identify and report to the President on recurring
intergovernmental problems of a Federal interdepartmental and
interprogram nature;
(3) explore and report to the President on ways and means of
strengthening the headquarters and interagency relationships of Federal
field offices as they relate to intergovernmental activities;
(4) maintain continuing liaison with intergovernmental units in
Federal departments and agencies; and
(5) review procedures utilized by Federal executive agencies for
affording State and local officials an opportunity to confer and comment
on Federal assistance programs and other intergovernmental issues, and
propose methods of strengthening such procedures.
Sec. 2. Administrative Arrangements. (a) All Federal departments,
agencies, and interagency councils and committees having an impact on
intergovernmental relations, and all Federal Executive Boards, shall
extend full cooperation and assistance to the Director in carrying out
his responsibilities under this order. The Director shall, upon request,
assist all Federal departments and agencies with problems that may arise
between them and the executive agencies or elected officials of State
and local governments.
(b) The head of each Federal department and agency shall designate
an appropriate official with broad general experience in his department
or agency to serve, upon request of the Director, as a point of contact
in carrying out Federal-State-local liaison activities under this order.
Sec. 3. Construction. Nothing in this order shall be construed as
subjecting any department, establishment, or other instrumentality of
the executive branch of the Federal Government or the head thereof, or
any function vested by law in or assigned pursuant to law, to any such
agency or head, to the authority of any other such agency or head or as
abrogating, modifying, or restricting any such function in any manner.
Sec. 4. Revocation. Executive Order No. 11455 of February 14, 1969,
entitled ``Establishing an Office of Intergovernmental Relations'', is
hereby revoked.
Sec. 5. Records, Property, Personnel, and Funds. The records,
property, personnel, and unexpended balances, available or to be made
available, of appropriations, allocations, and other funds of the Office
of Intergovernmental Relations are hereby transferred to the Domestic
Council.
Sec. 6. Effective Date. This Order shall be effective thirty days
after this date.
Richard Nixon.
Abolition of Domestic Council
The Domestic Council, referred to in section 5 of Ex. Ord. No.
11690, Dec. 14, 1972, 31 F.R. 26815, was abolished and its functions
transferred to the President with power to delegate such functions
within the Executive Office of the President pursuant to Reorg. Plan No.
1 of 1977, Secs. 1, 3, 5D, 42 F.R. 56101, 91 Stat. 1633, set out
preceding section 101 of this title, effective on or before Apr. 1,
1978, at such time as specified by the President. Ex. Ord. No. 12045,
Mar. 27, 1978, 43 F.R. 13347, set out preceding section 101 of this
title, provided that the abolition and transfer of functions of the
Domestic Council be effective Mar. 26, 1978.
Executive Order No. 11713
Ex. Ord. No. 11713, Apr. 21, 1973, 38 F.R. 10069, which related to
the delegation of functions to the Administrator of General Services,
was revoked by section 1-404 of Ex. Ord. No. 12215, May 27, 1980, 45
F.R. 36045, set out as a note under section 3601 of Title 22, Foreign
Relations and Intercourse.
Ex. Ord. No. 11732. Delegation of Functions to Secretary of Housing and
Urban Development
Ex. Ord. No. 11732, July 30, 1973, 38 F.R. 20429, provided:
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, the Secretary of Housing and Urban Development
is hereby designated and empowered to exercise, without approval,
ratification, or other action by the President, the functions vested in
the President by sections 305 and 301 of the National Housing Act, as
amended (12 U.S.C. 1720 and 1716, respectively), relating to the
authorization of the purchase of mortgages by the Government National
Mortgage Association in connection with its special assistance functions
and the determination that such action is in the public interest.
Richard Nixon.
Executive Order No. 11784
Ex. Ord. No. 11784, May 30, 1974, 39 F.R. 19443, which related to
the delegation of certain authority to the Administrator of General
Services to issue regulations relating to joint funding, was superseded
by Ex. Ord. No. 11867, June 19, 1975, 40 F.R. 26253, formerly set out as
a note under section 7103 of Title 31, Money and Finance.
Ex. Ord. No. 12001. Transferring Certain Bicentennial Functions to
Secretary of the Interior
Ex. Ord. No. 12001, June 29, 1977, 42 F.R. 33709, provided:
By virtue of the authority vested in me by Section 7(b) of the Act
of December 11, 1973 (87 Stat. 701) [Pub. L. 93-179], hereinafter
referred to as the Act, Section 202(b) of the Budget and Accounting
Procedures Act of 1950 (64 Stat. 838, 31 U.S.C. 581c(b)) [31 U.S.C.
1531], and Section 301 of Title 3 of the United States Code, and as
President of the United States of America it is hereby ordered as
follows:
Section 1. The Secretary of the Interior, hereinafter referred to as
the Secretary, shall, through existing National Park Service programs,
provide for the continuation of appropriate commemoration of events
relating to the American Revolution until December 31, 1983.
Sec. 2. The Secretary shall administer existing contracts and grants
of the American Revolution Bicentennial Administration, hereinafter
referred to as ARBA.
Sec. 3. In performing the functions described in Sections 1 and 2 of
this Order, the Secretary may, in addition to any other available
authority, exercise the following powers under the Act which are hereby
transferred to him for such purposes until December 31, 1983, except as
otherwise provided in subsection (b) of this Section:
(a) All powers described in Section 2(f) of the Act with respect to
the expenditure of funds donated to ARBA prior to the effective date of
this Order, and the expenditure of revenues received or which may be
received pursuant to contracts described in Section 2 of this Order.
(b) Until December 31, 1977, all powers exercised by ARBA prior to
the effective date of this Order which relate to enforcement of Section
2(i) of the Act.
(c) All powers described in Section 5(a) of the Act.
Sec. 4. All personnel, records, property and appropriations,
including all funds and revenues described in Section 3(a) of this
Order, as relate to the powers and functions assigned or transferred by
this Order are hereby transferred to the Secretary.
Sec. 5. The Director of the Office of Management and Budget shall
make such determinations and issue such orders as may be necessary or
appropriate to carry out the transfers provided by this Order.
Sec. 6. Executive Order No. 11840 of February 18, 1975, is hereby
revoked.
Sec. 7. This Order shall be effective June 30, 1977.
Jimmy Carter.
Ex. Ord. No. 12152. Delegation of Functions to Director of Office of
Management and Budget
Ex. Ord. No. 12152, Aug. 14, 1979, 44 F.R. 48143, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States of America, including Section 301 of Title
3 of the United States Code, and in order to ensure the continued
delegation of certain functions which had been previously assigned but
which are now vested directly in the President by virtue of H.R. 4616
[Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 381] that I have signed into law
today, it is hereby ordered that the functions vested in the President
by Sections 305(b), 4111(b), and 4112(a) of Title 5 of the United States
Code are hereby delegated to the Director of the Office of Management
and Budget.
Jimmy Carter.
Ex. Ord. No. 12396. Delegation of Functions to Secretary of Defense
Ex. Ord. No. 12396, Dec. 9, 1982, 47 F.R. 55897, provided:
By the authority vested in me as President of the United States of
America by Section 301 of Title 3 of the United States Code, and in
order to delegate certain functions concerning the appointment,
promotion, and retirement of commissioned officers of the Armed Forces,
it is hereby ordered as follows:
Section 1. The Secretary of Defense is designated to perform,
without approval, ratification, or other action by the President, the
following functions vested in the President:
(a) The authority vested in the President by Sections 618(b)(1) and
628(d)(1) of Title 10 of the United States Code, to approve, modify, or
disapprove the report of a selection board.
(b) The authority vested in the President by Section 629(a) of Title
10 of the United States Code, to remove the name of any officer from a
promotion list to any grade below commodore or brigadier general.
(c) The authority vested in the President by Section 624(c) of Title
10 of the United States Code, to appoint officers in the grades of first
lieutenant and captain in the Army, Air Force, and Marine Corps or in
the grades of lieutenant (junior grade) and lieutenant in the Navy.
(d) The authority vested in the President by Section 5721(c) of
Title 10 of the United States Code, to make certain temporary
appointments to the grade of lieutenant commander.
(e) The authority vested in the President by Section 6323(a) of
Title 10 of the United States Code, to approve the application of an
officer of the Navy or the Marine Corps for retirement after the
completion of more than 20 years of active service and to designate the
month in which such retirements shall become effective.
(f) The authority vested in the President by Sections 3918 and 8918
of Title 10 of the United States Code, to approve the request of a
regular commissioned officer of the Army or the Air Force to retire
after at least 30 years of service.
(g) Nothing in this Section shall be deemed to delegate the
authority vested in the President by Section 618(c) of Title 10 to
remove a name from a selection board report.
Sec. 2. (a) The Secretary of Defense is designated to perform during
a time of war or national emergency the following functions vested in
the President, without the approval, ratification, or other action by
the President.
(1) The authority vested in the President by Section 526 of Title 10
of the United States Code, to suspend the operation of any provision of
Sections 523, 524 [now 12011], or 525 of Title 10 of the United States
Code, relating to the authorized strength of commissioned officers.
(2) The authority vested in the President by subsections (a) and (b)
of Section 603 of Title 10 of the United States Code, to make or vacate
certain temporary commissioned appointments.
(3) The authority vested in the President by Section 644 [see 123]
of Title 10 of the United States Code, to suspend the operation of any
law relating to the promotion, involuntary retirement, or separation of
commissioned officers of the Army, Navy, Air Force, or Marine Corps.
(b) The authority delegated to the Secretary of Defense by this
Section may not be exercised during the time of a national emergency
declared by the President, unless the exercise of any such authority is
specifically directed by the President in accordance with Section 301 of
the National Emergencies Act (50 U.S.C. 1631).
(c) The Secretary of Defense shall ensure that actions taken
pursuant to the authority delegated by this Section are accounted for as
required by Section 401 of the National Emergencies Act (50 U.S.C.
1641).
Sec. 3. The authority delegated to the Secretary of Defense by this
Order may be redelegated to the Deputy Secretary of Defense, any of the
Assistant Secretaries of Defense, and to any of the Secretaries of the
military departments who may further subdelegate such authority to
subordinates who are appointed to their office by the President with the
advice and consent of the Senate.
Sec. 4. All actions taken by, for, or on behalf of the President
with respect to the functions delegated by this Order, which actions
would be valid if taken pursuant to this Order, are ratified.
Sec. 5. (a) Executive Order No. 10621, as amended [set out above],
is further amended by revoking subsections (g), (h), (j), (k), (l), (m),
and (n) of Section 1 thereof.
(b) Executive Order No. 11390, as amended [set out above], is
further amended by revoking subsections 2, 3, 9, 12, and 15 of Section 1
thereof.
(c) Executive Order No. 12239 is revoked.
Ronald Reagan.
Ex. Ord. No. 12781. Delegation of Functions and Authorities, Development
of Requirements and Regulations, and Correction of Title
Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 3603 of the
Financial Reports Act of 1988 (22 U.S.C. 5351 et seq.) [22 U.S.C. 5353],
section 274A(d)(2) and (4) of the Immigration and Nationality Act
(``Act''), as amended (8 U.S.C. 1324a(d)(2) and (4)), sections 4561,
6082, and 9561 of title 10 of the United States Code, the Act of June
14, 1987 [1897], ch. 2, 30 Stat. 11, 36 (16 U.S.C. 473), section 301 of
title 3 of the United States Code, and in order to: (1) delegate
functions concerning discussions with foreign governments to improve
access by U.S. banking and financial organizations; (2) delegate
authority concerning a national employment verification system; (3)
delegate authority concerning the development of requirements and
regulations for a uniform military ration; and (4) correct the title of
the Nez Perce National Forest, it is hereby ordered as follows:
Section 1. Functions Concerning Discussions with Foreign Governments
to Improve Access by U.S. Banking and Financial Organizations. The
functions vested in the President by section 3603 of the Financial
Reports Act of 1988 (22 U.S.C. 5353) are hereby delegated to the
Secretary of the Treasury. This delegation is not in derogation of, and
shall not affect, the existing authorities of the United States Trade
Representative.
Sec. 2. Authority Concerning the Employment Verification System. The
authority conferred upon the President by section 274A(d)(4) of the Act
[8 U.S.C. 1324a(d)(4)], to undertake demonstration projects of different
changes in the requirements of the employment verification system, is
delegated to the Attorney General. Demonstration projects shall be
conducted consistent with the restrictions in section 274A(d)(2) of the
Act and shall not extend for a period longer than 3 years. This
authority may be redelegated.
Sec. 3. Authority, Requirements, and Regulations Concerning a
Uniform Military Ration.
(a) Authority. The Secretary of Defense is hereby designated and
empowered to exercise, without the approval, ratification, or other
action by the President, the authority conferred upon the President by
section 4561(a), sections 6082(a) and (d), and section 9561(a) of title
10 of the United States Code. Under this authority the Secretary may
prescribe a uniform military ration applicable to the Army, Navy, and
Air Force.
(b) Requirements. (1) Components and Quantities. The components and
the quantities of the uniform military ration shall reflect military
member preferences and satisfy nutritional requirements. (2) Monetary
Value. The monetary value of the uniform military ration shall be equal
to the monetary value of the ration in effect on the day before the
effective date of this order. (3) Index. The Secretary of Defense shall
establish, as of the effective date of this order, an index composed of
a representative market basket of items equal in value to the ration
value. Subsequent to the effective date of this order, and based upon
the changing prices of food components in the index, the Secretaries of
the military departments shall periodically redetermine the monetary
value of the ration. The Secretary of Defense shall review the index
periodically, but not less than once a year, to ensure that it reflects
changes in food service technology, scientific advances in nutrition,
the requirements of the Armed Forces of the United States, and the food
preferences of the enlisted members. Increases or decreases in the
monetary value of the ration that result from changes in the composition
of the food items making up the index shall not exceed 2 percent of the
ration value annually.
(c) Regulations. Under regulations of the Secretary of Defense, the
Secretary of the Army, the Secretary of the Navy, and the Secretary of
the Air Force are authorized, for their respective military departments,
to prescribe the issue of special allowances and such special or
supplemental rations, defined by component, quantity, or monetary value,
as they may consider appropriate. Executive Order No. 11339 of March 28,
1967, is hereby revoked.
Sec. 4. Correction of Title of the Nez Perce National Forest.
Executive Order No. 854 of June 26, 1908, is hereby amended by retitling
the ``Nezperce National Forest'' the ``Nez Perce National Forest.''
Sec. 5. This order shall take effect immediately.
George Bush.
Section Referred to in Other Sections
This section is referred to in title 22 section 7431.
